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COMMISSIONER OF POLICE
V.
O. G. A. ANKRAH AND OTHERS
WEST AFRICAN COURT OF APPEAL HOLDEN AT ACCRA, GOLD COAST (GHANA)
7TH DAY OF DECEMBER, 1939
2PLR/1939/19 (WACA)
OTHER CITATION(S)
2PLR/1939/19 (WACA)
(1939) V WACA P. 180
LEX (1939) – V WACA P. 180
BEFORE THEIR LORDSHIPS:
KINGDON, C.J., NIGERIA
PETRIDES, C.J., GOLD COAST (GHANA)
STROTHER STEWART, J.
BETWEEN:
COMMISSIONER OF POLICE — Respondent
AND
O. G. A. ANKRAH, NASER NUMER AND 3 OTHERS — Appellants
ORIGINATING COURT(S)
APPEAL FROM SUPREME COURT EXERCISING APPELLATE JURISDICTION
REPRESENTATION
ARTHUR RIDEHALGH — for Crown
A. G. HEWARD-MILLS — for Appellants
ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE:- Allegation of previous conviction(s) — How properly treated when the accused admits same and when accused does not
DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held that:-
1. When previous convictions are alleged the admission thereof by the accused should be recorded; and
2. in the absence of such admission they should be proved and a record made of such proof.
MAIN JUDGMENT
The following joint judgment was delivered:-
KINGDON, C.J., NIGERIA; PETRIDES, C.J., GOLD COAST; AND STROTHER-STEWART, J.
In this case we agree with the decision of the Court below on the various points raised in the appeal, for the reasons given by the Judge in his judgment. There is however one point to which we wish to draw attention, and that is the reference to “3 previous convictions” of 1st accused. It is not stated whether these previous convictions were admitted or proved, and if proved, in what manner.
The proper course when previous convictions are alleged is to ask the accused if he admits them and if he does, the fact should be recorded. If he does not, they must be properly proved and the proof recorded. The appeals of all the appellants are dismissed.
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